Locked Phone

[pala]

Hello,
I live in Washington state.
I saw an ad on craigslist of a used unlocked iPhone 7. I met the seller at an Apple Store. He had said that the phone was originally from Verizon and that it was unlocked. I tried my ultra mobile SIM card and it worked. A few weeks later, when I tried a different SIM card, the phone couldn't activate because its locked to T-mobile. My SIM card only worked because it is an MVNO of T-mobile. When i informed the seller, he denied that fact and even said that he would call apple and T-mobile. A few weeks later, he doesn't pick my calls or answer my texts. I do not have a copy of the AD but I have texts from him, where he describes the phone as unlocked. I also have texts of him admitting that to call apple and have it fixed. My main fear is that, it might turn out that maybe the phone was was stolen. Is there any legal recourse in this matter? I will highly appreciate any feedback and legal perspectives. With the surge of internet buying and selling platforms, there seems to be various cases like mine. Thanks in advance for your answer.

 

[quincy]

Hello,
I live in Washington state.
I saw an ad on craigslist of a used unlocked iPhone 7. I met the seller at an Apple Store. He had said that the phone was originally from Verizon and that it was unlocked. I tried my ultra mobile SIM card and it worked. A few weeks later, when I tried a different SIM card, the phone couldn't activate because its locked to T-mobile. My SIM card only worked because it is an MVNO of T-mobile. When i informed the seller, he denied that fact and even said that he would call apple and T-mobile. A few weeks later, he doesn't pick my calls or answer my texts. I do not have a copy of the AD but I have texts from him, where he describes the phone as unlocked. I also have texts of him admitting that to call apple and have it fixed. My main fear is that, it might turn out that maybe the phone was was stolen. Is there any legal recourse in this matter? I will highly appreciate any feedback and legal perspectives. With the surge of internet buying and selling platforms, there seems to be various cases like mine. Thanks in advance for your answer.

There was someone else who started a thread on this same issue not long ago and I provided an FCC link on what to do if there is a problem with locked phones. I will post back with links.

It is probably more likely that the issue is with the phone and not the seller of it.

 

[quincy]

Here is the FCC link I referred to: https://www.fcc.gov/general/cell-phone-unlocking

The thread I mentioned is titled "T-Mobile Won't Unlock My Phone" by SalleyJ. It can be found in the Consumer Contracts section of the forum.

Good luck.

 

[pala]

There was someone else who started a thread on this same issue not long ago and I provided an FCC link on what to do if there is a problem with locked phones. I will post back with links.

It is probably more likely that the issue is with the phone and not the seller of it.

Hi Quincy,

Thanks for your feedback.
I did visit T-mobile shop and they claim that the phone is not theirs. They checked their database and the phone's IMEI doesn't exist there. They also said that since am not their customer they cannot help me.
Apple on the other hand insists that the phone is locked to T-mobile and that ,it is only T-MOBILE that can initiate the unlock. I do use Ultra mobile that's a T-mobile MVNO.
The tricky part is that I do not know the facts about the phone, like how it was purchased etc. And the seller, who sold me the phone claiming its unlocked doesn't answer my calls or answer texts.
Could this be fraud, since he misrepresented facts to get my money?
Can I report him to the police?
Can I sue him in a small claims court?

Thanks once again.

 

[FlyingRon]

Apple will not unlock the phone. It's entirely at T-Mobile's discretion. It is not their fault you got ripped off. Subsidy locks are entirely legal. About the best you can avail yourself of are (as mentioned) some of the hacker unlockings of the phone. Note that those are not without problems.

The police aren't going to care.
You can sue him if you can locate/identify him.

 

[quincy]

Hi Quincy,

... The tricky part is that I do not know the facts about the phone, like how it was purchased etc. And the seller, who sold me the phone claiming its unlocked doesn't answer my calls or answer texts.
Could this be fraud, since he misrepresented facts to get my money?
Can I report him to the police?
Can I sue him in a small claims court? ...

You have a few options. You first might want to check to see if the phone was reported stolen.

If T-Mobile will not unlock the phone, you can make use of the link I provided earlier. A complaint might encourage T- Mobile to unlock the phone.

Suing the seller to recover your costs is another option, assuming the seller gave you his correct name and address. Suing becomes more difficult if the seller lives in a different state.

And, although not recommended for an assortment of reasons, you can have the phone hacked. This can come with its own problems, as noted by FlyingRon.

Good luck.

 

[pala]

Thanks for your feedback FlyingRon. I am not the kind of person that believes in lack of solutions. aim pursuing all avenues and investing in them. Not just for myself but so that I can share that information with innocent people who might find themselves in a situation like mine.

Apple will not unlock the phone. It's entirely at T-Mobile's discretion. It is not their fault you got ripped off. Subsidy locks are entirely legal. About the best you can avail yourself of are (as mentioned) some of the hacker unlockings of the phone. Note that those are not without problems.

The police aren't going to care.
You can sue him if you can locate/identify him.

 

[pala]

Thank you for your response Quincy. I am pursuing various options and I will share my experience.
Thank you.

You have a few options. You first might want to check to see if the phone was reported stolen.

If T-Mobile will not unlock the phone, you can make use of the link I provided earlier. A complaint might encourage T- Mobile to unlock the phone.

Suing the seller to recover your costs is another option, assuming the seller gave you his correct name and address. Suing becomes more difficult if the seller lives in a different state.

And, although not recommended for an assortment of reasons, you can have the phone hacked. This can come with its own problems, as noted by FlyingRon.

Good luck.

 

[quincy]

Thank you for your response Quincy. I am pursuing various options and I will share my experience.
Thank you.

Sharing the outcome with us would be nice. Good luck.

And thanks for the thanks. Much appreciated.